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ERICH v. GAF CORP.

110 N.J. 230 (1988)

540 A.2d 518

ROSEMARIE ERICH, CONCEPCION REIDER AND ELIZABETH ZONDLER, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS-APPELLANTS, v. GAF CORPORATION, A DELAWARE CORPORATION, DEFENDANT-RESPONDENT, AND JOHN DOES, BEING FICTITIOUS NAMES AND HERBERT HOES, BEING FICTITIOUS NAMES, INDIVIDUALLY, DEFENDANTS.

The Supreme Court of New Jersey.

Decided May 10, 1988.

Attorney(s) appearing for the Case

Richard S. Miller argued the cause for appellants (Williams, Caliri, Miller & Otley, attorneys).

Francis X. Dee argued the cause for respondent (Carpenter, Bennett & Morrissey, attorneys; Francis X. Dee and Laurence Reich, on the brief).

The opinion of the Court was delivered by O'HERN, J.

This case concerns the appropriate standard of judicial review to be used in analyzing an employer's determination of employees' entitlement to accrued vacation pay on layoff. There are two aspects to the issue, namely, (1) whether the question should be decided under federal law because the Employee Retirement Income Security Act of 1974, 29 U.S.C.A. §§ 1001 to 1461 (ERISA) preempts this aspect...

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